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First Substitute H.B. 359

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ENDANGERED SPECIES MITIGATION FUND

2    
1997 GENERAL SESSION

3    
STATE OF UTAH

4    
Sponsor: Thomas Hatch

5    AN ACT RELATING TO FISH AND GAME AND REVENUE AND TAXATION; CREATING
6    THE SPECIES PROTECTION ACCOUNT AND SPECIFYING USES OF ACCOUNT
7    MONIES; CREATING A ROYALTY ON UNPROCESSED BRINE SHRIMP EGGS;
8    DIRECTING REVENUE TO BE DEPOSITED IN THE SPECIES PROTECTION ACCOUNT;
9    AUTHORIZING THE STATE TAX COMMISSION TO MAKE RULES; PROVIDING FOR
10    CRIMINAL PENALTIES AND THE REVOCATION OF A CERTIFICATE OF
11    REGISTRATION; AND RESTRICTING THE TYPES OF FEES THAT MAY BE IMPOSED
12    TO HARVEST BRINE SHRIMP EGGS.
13    This act affects sections of Utah Code Annotated 1953 as follows:
14    AMENDS:
15         23-19-9, as last amended by Chapters 63 and 211, Laws of Utah 1995
16    ENACTS:
17         23-19-45, Utah Code Annotated 1953
18         59-23-1, Utah Code Annotated 1953
19         59-23-2, Utah Code Annotated 1953
20         59-23-3, Utah Code Annotated 1953
21         59-23-4, Utah Code Annotated 1953
22         59-23-5, Utah Code Annotated 1953
23         59-23-6, Utah Code Annotated 1953
24         59-23-7, Utah Code Annotated 1953
25         59-23-8, Utah Code Annotated 1953
26         63-34-13, Utah Code Annotated 1953
27    Be it enacted by the Legislature of the state of Utah:


1        Section 1. Section 23-19-9 is amended to read:
2         23-19-9. Revocation of license -- Grounds -- Notice -- Restriction on obtaining new
3     license.
4        (1) A license, permit, tag, or certificate of registration shall be revoked by a hearing officer
5    appointed by the division director:
6        (a) if the hearing officer determines that a person flagrantly and knowingly:
7        (i) violates or countenances the violation of:
8        (A) this title; or
9        (B) any rule, proclamation, or order of the Wildlife Board; or
10        (ii) while engaged in an activity regulated under this title:
11        (A) kills or injures domestic livestock; or
12        (B) violates Section 76-10-508; or
13        (b) upon receiving notice from another state's wildlife agency that a person has:
14        (i) failed to comply with the terms of a wildlife citation; or
15        (ii) been convicted of a violation that would warrant an action taken under Subsection
16    (1)(a).
17        (2) A hearing officer may revoke or suspend the certificate of registration of a person who
18    fails to comply with the terms of a certificate of registration.
19        (3) All certificates of registration for the harvesting of brine shrimp eggs, as defined in
20    Section 59-23-3 shall be revoked by a hearing officer appointed by the division if the hearing
21    officer determines the holder of the certificates of registration has violated Section 59-23-5.
22        [(3)] (4) The director shall appoint a qualified person as a hearing officer to perform the
23    adjudicative functions provided in this section. The director may not appoint a division employee
24    who investigates or enforces wildlife violations.
25        [(4)] (5) (a) A hearing officer may not revoke a person's license, permit, tag, or certificate
26    of registration if:
27        (i) the person was not charged with a violation in Subsection (1) or (3);
28        (ii) the charges were dismissed; or
29        (iii) the person was found not guilty of the violation in a court of law.
30        (b) For purposes of this section, the following shall not be construed as a finding of not
31    guilty:

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1        (i) a plea of guilty;
2        (ii) a plea of no contest; or
3        (iii) the entry of a plea in abeyance.
4        [(5)] (6) The hearing officer shall consider any recommendation made by a sentencing
5    court concerning revocation before issuing a revocation order.
6        [(6)] (7) Prior to revocation, a person must be:
7        (a) given written notice of an action the division intends to take; and
8        (b) provided with an opportunity for a hearing.
9        [(7)] (8) A hearing officer may prohibit the person from obtaining a new license, permit,
10    tag, or certificate of registration of the same type for a period of up to five years.
11        [(8)] (9) (a) A person may not obtain a new license, permit, tag, or certificate of
12    registration of the same type while under an order of revocation.
13        (b) A violation of Subsection (9)(a) is a class B misdemeanor and a hearing officer shall
14    prohibit the person from obtaining a license, permit, tag, or certificate of registration of the same
15    type for up to an additional five years.
16        [(9)] (10) A hearing officer may construe any subsequent conviction which occurs within
17    the revocation period as a flagrant violation and may prohibit the person from obtaining a new
18    license, permit, tag, or certificate of registration for up to an additional five years.
19        [(10)] (11) A hearing officer may reinstate a license, permit, tag, or certificate of
20    registration revoked under Subsection (1)(b)(i) upon receiving a report that the person has
21    complied with the citation.
22        [(11)] (12) (a) A person may file an appeal of a hearing officer's decision with the Wildlife
23    Board.
24        (b) The Wildlife Board shall review the hearing officer's findings and conclusions and any
25    written documentation submitted at the hearing. The Wildlife Board may:
26        (i) take no action;
27        (ii) vacate or remand the decision; or
28        (iii) amend the [number of years] period of revocation.
29        [(12)] (13) The Wildlife Board may make rules to implement this section in accordance
30    with Title 63, Chapter 46b, Administrative Procedures Act.
31        Section 2. Section 23-19-45 is enacted to read:

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1         23-19-45. Fees and certificates of registration to harvest brine shrimp eggs.
2        (1) The Wildlife Board may not impose fees to harvest brine shrimp eggs other than
3    certificate of registration fees.
4        (2) Each person holding certificates of registration for the harvesting of brine shrimp eggs
5    in the 1996-97 harvesting season may obtain the same number of certificates of registration for the
6    1997-98 and 1998-99 harvesting seasons upon payment of the required fee.
7        Section 3. Section 59-23-1 is enacted to read:
8    
CHAPTER 23. BRINE SHRIMP ROYALTY ACT

9         59-23-1. Title.
10        This chapter shall be known as the "Brine Shrimp Royalty Act."
11        Section 4. Section 59-23-2 is enacted to read:
12         59-23-2. Intent statement.
13         It is the policy of the state that when its natural resources are used, a royalty should be paid
14    to compensate the state for the use of the natural resource. The state receives royalties on minerals
15    extracted from the Great Salt Lake. A market has developed for brine shrimp eggs; therefore, the
16    state should be compensated for the use of this natural resource.
17        Section 5. Section 59-23-3 is enacted to read:
18         59-23-3. Definition.
19        As used in this chapter "brine shrimp eggs" means dormant, early stage brine shrimp
20    embryos encapsulated as cysts that are harvested from the waters of the state.
21        Section 6. Section 59-23-4 is enacted to read:
22         59-23-4. Brine shrimp royalty -- Royalty rate -- Commission to prescribe valuation
23     methodology -- Deposit of revenue.
24        (1) There is levied a brine shrimp royalty of .035 of the value of unprocessed brine shrimp
25    eggs.
26        (2) (a) The commission shall annually determine the value of unprocessed brine shrimp
27    eggs in accordance with a valuation methodology established by the commission in rule.
28        (b) Each person who harvests brine shrimp eggs shall file, in a form prescribed by the
29    commission, a sworn statement with the commission by August 1 of each year. The statement
30    shall set out in detail any information required by the commission.
31        (3) All revenue generated by the brine shrimp royalty shall be deposited in the Species

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1    Protection Account created in Section 63-34-13.
2        Section 7. Section 59-23-5 is enacted to read:
3         59-23-5. Payment of the brine shrimp royalty.
4        (1) The brine shrimp royalty shall be paid by the person who harvests the brine shrimp
5    eggs to the commission.
6        (2) The payment shall be accompanied by the form prescribed by the commission.
7        (3) The royalty is due March 31 for the harvest season just ended.
8        Section 8. Section 59-23-6 is enacted to read:
9         59-23-6. Action for collection of royalty -- Action for refund or credit of royalty.
10        (1) (a) Except as provided in Subsection (2), the commission shall assess a brine shrimp
11    royalty under this chapter within three years after a royalty payer files a return.
12        (b) If the commission does not assess a royalty under this chapter within the three-year
13    period provided in Subsection (1)(a), the commission may not file an action to collect the royalty.
14        (2) The commission may assess a royalty at any time if a royalty payer:
15        (a) files a false or fraudulent return with intent to evade; or
16        (b) does not file a return.
17        (3) The commission may not make a credit or refund unless the royalty payer files a claim
18    with the commission within three years of the date of overpayment.
19        Section 9. Section 59-23-7 is enacted to read:
20         59-23-7. Rules.
21        The commission may make rules to implement and enforce this chapter.
22        Section 10. Section 59-23-8 is enacted to read:
23         59-23-8. Penalties and interest.
24        A person who harvests brine shrimp eggs who fails to comply with this chapter is subject
25    to penalties and interest as provided in Sections 59-1-401 and 59-1-402.
26        Section 11. Section 63-34-13 is enacted to read:
27         63-34-13. Species Protection Account.
28        (1) As used in this section, "species protection" means an action to protect any plant or
29    animal species identified as sensitive by the state or as threatened or endangered under the
30    Endangered Species Act of 1973, U.S.C. 16 Sec. 1531 et seq.
31        (2) There is created within the General Fund a restricted account known as the Species

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1    Protection Account.
2        (3) The account shall consist of:
3        (a) revenue generated by the brine shrimp tax provided for in Title 59, Chapter 23, Brine
4    Shrimp Royalty Act; and
5        (b) interest earned on monies in the account.
6        (4) Monies in the account may be appropriated by the Legislature for the following
7    purposes:
8        (a) to develop and implement species status assessments and species protection measures;
9        (b) to obtain biological opinions of proposed species protection measures;
10        (c) to conduct studies, investigations, and research into the effects of proposed species
11    protection measures;
12        (d) to verify species protection proposals that are not based on valid biological data;
12a     S (e) FOR GREAT SALT LAKE WETLANDS MITIGATION PROJECTS IN CONNECTION WITH THE
12b     WESTERN TRANSPORTATION CORRIDOR; s
13         S [(e)] (f) s to pay for the state's voluntary contributions to the Utah Reclamation Mitigation and
14    Conservation Account under the Central Utah Project Completion Act, Pub. L. No. 102-575, titles
15    II-VI, 106 stat, 4605-4655; and
16         S [(f)] (g) s to pay for expenses of the State Tax Commission under Title 59, Chapter 23, Brine
17    Shrimp Royalty Act.
18        (5) The purposes specified in Subsections (4)(a) through (4)(d) may be accomplished by
19    the state or, in an appropriation act, the Legislature may authorize the Department of Natural
20    Resources to award grants to political subdivisions of the state to accomplish those purposes.
21        (6) Monies in the account may not be used to develop or implement a habitat conservation
22    plan required under federal law unless the federal government pays for at least 1/3 of the habitat
23    conservation plan costs.

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Text Box

Amend on 3_goldenrod March 5, 1997


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